Mississippi Advisory Opinions September 19, 1996: AGO 000011556 (September 19, 1996)

AGO 000011556.

Dear Mr. Carter:

Attorney General Mike Moore has received your letter of request for an official opinion of this office and has assigned them to me for a reply. In your letter you state:

There are many people across the state that are actively involved in getting citizens registered to vote by use of the `mail-in' voter registration form provided for in Mississippi Code Annotated, Section 23- 15-47 (Supp. 1996).

Section 23-15-47 provides in part:

(1) Any person who is qualified to register to vote in the State of Mississippi may register to vote by mail-in application in the manner prescribed in this section.

(2) The following procedure shall be used in the registration of electors by mail:

(a) Any qualified elector may register to vote by mailing or delivering a completed mail-in application to his county register at least thirty (30) days prior to any election....

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(3) The instructions and the application form for voter registration by mail shall be in the following form and shall contain the following information:

`INSTRUCTIONS FOR MAIL-IN VOTER REGISTRATION

1. Anyone may assist you in completing the enclosed application.

2. A registered voter of your county who is not now a Candidate for public office must complete and sign the `Witness Signature and Certification' portion of the enclosed application.

3. All required information must be supplied in legible form.

4. The completed application must be mailed or delivered to the registrar of your county at least thirty (30) days before an election in order for you to be registered for that election. Applications which are mailed must be postmarked thirty (30) days prior to any election.'

The circuit clerks in several counties have raised the question of whether the delivery of completed mail- in forms in bulk by a third person is legally acceptable or does the statute contemplate that the delivery of a completed form be made by the person completing the form.

In response, Section 23-15-47 does not prohibit a qualified elector from AUTH orizing a third person to mail or deliver his or her completed mail-in voter registration form.

If this office can be of any further assistance, please let us know.

Very truly yours,

MIKE MOORE

ATTORNEY GENERAL

By: Sandra M. Shelson

Special Assistant Attorney General